New York Injurious Falsehood Law

Chretien v. New Hampshire State Prison

Concord, New Hamphire civil rights lawyers represented the Petitioner seeking a writ of habeas corpus.<br> <br> The respondent, the Warden of the New Hampshire State Prison, has moved for summary judgment. After a hearing, and for the following reasons, the Warden's motion for summary judgment is granted in part and denied in part, and an evidentiary hearing will be scheduled to address Chretien's... More...

United States of America v. James Cromitie, Onta Willaims, David Williams, and Laguerre Payen

New York City, New York criminal defense lawyers represented Defendants charged with conspiracy to commit murdeer, use of certain weapons of mass destruction, terrorism, and protection of officers and employees of the United. States<br> <br> James Cromitie, Onta Willaims, David Williams, and Laguerre Payen were all charged with engaging in a conspiracy to commit terrorist act.<br> <br> <br> In Oct... More...

In the matter of the Application of Robert Abrams, Attorney General of the State of New York v. The Temple of the Lost Sheep, Inc., et al.

New York City, New York criminal defense lawyers represented defendant objecting to the production of documents.<br> <br> <br> It is well settled that one who challenges a subpoena issued by the Attorney General, which is presumptively valid, has the burden of proof to establish the invalidity of the subpoena (see, Mtr. of Edge Ho Holding Corp. v. Higgins, 256 N.Y. 374, 176 N.E. 537) and both Mack... More...

United States of America v. Toye Tutis a/k/a "AHMAD", a/k/a "MAHD", a/k/a "SANTANA"

<center><h2><font color="red"><center> New York, NY - Criminal defense lawyer represented defendant charged with drug possession and distribution and money laundering. </h2></font></b></i></center><br> <br> Tutis first argues that the District Court erred in denying his motions to suppress <br> evidence from a roving wiretap because the affidavit supporting the wiretap order did not <br> provide p... More...

Tyrius Green v. Attorney General New Jersey

<center><h2><font color="red"><center> New York, NY - Criminal defense lawyer represented defendant charged with a murder and felony firearm possession. </h2></font></b></i></center><br> <br> In 2003, Edgerton Munroe was shot and killed in Trenton, New Jersey. Police<br> obtained signed statements about the incident from five witnesses. Each witness placed <br> Green at the scene of the crime an... More...

MARCIA MELENDEZ, et al v. CITY OF NEW YORK et al.

<center><h2><font color="red"><center> New York, NY - Constitutional law lawyer represented Plaintiffs who sued the City and various named City officials seeking a judgment declaring the challenged laws unconstitutional and for an injunction permanently enjoining their enforcement. </h2></font></b></i></center><br> <br> In response to the COVID-19 pandemic, governments at all <br> levels—fe... More...

In the Matter of William M. OLSZEWSKI, et al., Respondents, v. CANNON POINT ASSOCIATION, INC., et al., Appellants. Olszewski v. Cannon Point Ass'n, Inc.

Appeals (1) from an order of the Supreme Court (Krogmann, J.), entered May 5, 2015 in Warren County, which, in a combined proceeding pursuant to CPLR article 78 and action for declaratory judgment, among other things, denied respondents' motion to dismiss the petition/complaint, and (2) from a judgment of said court, entered January 5, 2016 in Warren County, which granted petitioners' motion for s... More...

United States of America v. Cesar Altieri Sayoc

<center><br> <img width="300" src="http://www.nysb.uscourts.gov/sites/default/files/buildingphoto_small.png"><br> </center><br> New York, NY - Florida Man Sentenced In Manhattan Federal Court To 20 Years In Prison For Mailing 16 Improvised Explosive Devices In Connection With October 2018 Domestic Terrorist Attack<br> <br> Geoffrey S. Berman, the United States Attorney for the Southern District of... More...

Galawezh Showan v. Patrick Pressdee, Krispy Kreme Doughnut Corporaiton

<center><br> <img width="300" src="http://www.gand.uscourts.gov/sites/default/files/styles/banner_image/public/slider-image/RBR_modified.jpg?itok=6Y9xy9q8"><br> </center><br> <br> Plaintiff Galawezh Showan appeals from her $330,000 jury verdict against Defendants Patrick Pressdee and Krispy Kreme Doughnut Corporation (“Krispy Kreme”). For the reasons that follow, we affirm in part, vacate in p... More...

USA v. Ojudun

<center><br> <img width="300" src="https://upload.wikimedia.org/wikipedia/commons/thumb/1/1f/Seal_of_the_United_States_Court_of_Appeals_for_the_Second_Circuit.svg/150px-Seal_of_the_United_States_Court_of_Appeals_for_the_Second_Circuit.svg.png"><br> <h2> <font color="red"><h2> </font> </h2><br> </center><br> The present proceeding against Ojudun alleging his violations of<br> 3 supervised rele... More...

Orlando v. Nassau Cty. Dist. Atty’s Off

<center><br> <img width="300" src="https://upload.wikimedia.org/wikipedia/commons/thumb/1/1f/Seal_of_the_United_States_Court_of_Appeals_for_the_Second_Circuit.svg/150px-Seal_of_the_United_States_Court_of_Appeals_for_the_Second_Circuit.svg.png"><br> <h2> <font color="red"><h2> </font> </h2><br> </center><br> On Friday night, December 3, 2004, at approximately 8:45 p.m., 18 <br> in re... More...

The Satanic Temple v. Warner Bros. and Netflix

<center><br> <img width="300" src="http://www.nysb.uscourts.gov/sites/default/files/buildingphoto_small.png"><br> </center><br> New York, NY The Satanic Temple sued Warner Bros. and Netflix on copyright infringement theories claiming that the use by defendants of images of its "goat headed deity Baphomet" was not authorized and was injurious. ... More...

UNITED STATES OF AMERICA v. KAMEL LAMBUS, AKA Kamel Angevine, AKA K, AKA Kamel Angenevine, STANLEY FULLER, AKA Wardy, AKA Webo <table> <td>

Lambus and Fuller are accused of being leaders and organizers of a<br> 16 group of individuals that referred to itself as the Paper Chasing Goons or POV City<br> 1 and was a drug trafficking organization (or the "DTO"). Beginning in 2015, Lambus<br> 2 and Fuller, along with 10 others, were indicted principally on charges of conspiring<br> 3 to distribute and possess with intent to distribute hero... More...

Linde, et al. v. Arab Bank, P.C.

The sixteen named plaintiffs on this consolidated appeal are<br> victims, or the relatives of victims, of three terrorist attacks<br> perpetrated in Israel by Hamas between March 2002 and June 2003.<br> Together with hundreds of other alleged victims and the surviving<br> relatives of victims of alleged Hamas attacks, the named plaintiffs<br> commenced actions in the United States District Court f... More...

Sheldon G. Adelson v. David A. Harris, Marc R. Stanley and National Jewish Democratic Council

Familiarity with the facts of this case, as set forth in this<br> court’s decision in Adelson v. Harris, 774 F.3d 803 (2d Cir. 2014), is<br> assumed. This case involves defamation claims brought by<br> Appellant Sheldon Adelson against Appellees National Jewish<br> Democratic Council, its Chair, Marc Stanley, and its President and<br> CEO, David Harris. Appellant’s claim of defamation is based... More...

David Ganek v. David Leibowitz, et al.

In this Bivens action, plaintiff David Ganek, a co&#8208;founding<br> partner of investment fund Level Global Investors (“LG”), sues the<br> named agents of the Federal Bureau of Investigation (“FBI”) and<br> federal prosecutors in the United States Attorney’s Office for the<br> Southern District of New York (“SDNY”) for alleged violations of<br> his Fourth and Fifth Amendment rights... More...

David Ganek v. David Leibowitz, et al.

In this Bivens action, plaintiff David Ganek, a co&#8208;founding<br> partner of investment fund Level Global Investors (“LG”), sues the<br> named agents of the Federal Bureau of Investigation (“FBI”) and<br> federal prosecutors in the United States Attorney’s Office for the<br> Southern District of New York (“SDNY”) for alleged violations of<br> his Fourth and Fifth Amendment rights... More...

UNITED STATES OF AMERICA v. ARMANI CUMMINGS, AKA A1, CHRISTOPHER NWANKO, AKA Big Boi <table> <td>

Defendant&#8208;Appellant Armani Cummings appeals from a judgment of 16 <br> conviction of the United States District Court for the Southern District of New 17 <br> York (Marrero, J.) following a jury verdict. Cummings was convicted of one 18 <br> count of conspiracy to distribute 280 grams or more of cocaine base in violation 19 <br> of 21 U.S.C. ... More...

<h3>UNITED STATES OF AMERICA v.    HECTOR NATAL A/K/A BOOM BOOM, HECTOR MORALES</h3>

On the early morning of March 9, 2011, three members of the Roberson <br> family – Jaquetta1 Roberson, Quayshawn Roberson, and Wanda Roberson – died <br> in an intentionally&#8208;caused fire at 48&#8208;50 Wolcott Street in New Haven, <br> Connecticut. Hector Natal, a neighbor of the Robersons, was charged with arson <br> resulting in death, a... More...

THE PEOPLE OF THE STATE OF NEW YORK v. PEDRO RESSY, Also Known as ALEX RESSY

Appeal from a judgment of the County Court of Montgomery County (Catena, J.), rendered June 20, 2013, upon a verdict convicting defendant of the crimes of course of sexual conduct against a child in the first degree (two counts) and endangering the welfare of a child (four counts).<br> In September 2012, defendant, who was born in 1977, was charged in a six-count indictment stemming from allegatio... More...

THE PEOPLE OF THE STATE OF NEW YORK v. JOSEPH SPOSITO

Appeals (1) from a judgment of the County Court of Albany County (Herrick, J.), rendered June 6, 2012, upon a verdict convicting defendant of the crimes of rape in the first degree and criminal sexual act in the first degree, (2) from an order of said court, entered April 5, 2013, which denied defendant's motion pursuant to CPL 440.30 (1-a) for the performance of forensic DNA testing on specified ... More...

THE PEOPLE OF THE STATE OF NEW YORK v. SHANE R. FOURNIER

Appeal from a judgment of the County Court of Cortland County (Ames, J.), rendered August 13, 2013, upon a verdict convicting defendant of the crimes of criminal sexual act in the first degree, predatory sexual assault against a child, sexual abuse in the first degree and endangering the welfare of a child.<br> In January 2013, a seven-year-old child (hereinafter the victim) attended a karate clas... More...

THE PEOPLE OF THE STATE OF NEW YORK v. GENE FARNHAM

In November 2011, defendant (born in 1960) was charged in a five-count indictment with the crimes of predatory sexual assault against a child (two counts), endangering the welfare of a child (two counts) and tampering with a witness in the fourth degree, stemming from allegations that he sexually assaulted a six-year-old child (hereinafter the victim) and urged someone not to appear at the grand j... More...

Pasternack v. Laboratory Corporation

The facts alleged in Pasternack&#697;s complaints are assumed to be true.3  <br> They may be summarized as follows:  Doctor Fred Pasternack is a physician and part&#8208;time pilot for <br> Northeastern Aviation Corporation (&#698;Northeastern&#698;) and an aerial advertising <br> business.  Between 1978 and 2008, he was designated a Senior Aviation�... More...

Morse v. Fusto

In 2002, the MFCU initiated an investigation into the professional financial<br> affairs of Morse, a dentist, then practicing with another dentist in the Park Slope 4  <br> neighborhood of Brooklyn as &#698;580 Dental, P.C.&#698;  The defendant John Fusto, then 5  <br> a Special Assistant Attorney General with the MFCU, was assigned to the case, ... More...

At the time of his arrest, Nappi and his wife had been married for 36 years,<br> of which time he spent 26 years in prison after his conviction for an unrelated<br> crime. (Trial Tr., New York v. Nappi, 09&#8208;037, at 254 (Feb. 23, 2010) (“Trial Tr.”).)<br> 4<br> Upon his release, Nappi returned to live with his wife; but since they “really<br> weren’t that close” anymore, they slept i... More...

Rosalinda Baez v Jetblue Airways Corporation

Plaintiff Rosalinda Baez brought claims against defendants JetBlue<br> Airways Corporation (“JetBlue”) and its former employee, Tiffany Malabet<br> (“Malabet”), arising out of an encounter at John F. Kennedy Airport (“JFK<br> Airport”), in which Baez was reported by Malabet for making an alleged bomb<br> 2<br> threat and was then arrested by the Federal Bureau of Investigation (“FBI�... More...

United States of America v. David Parse

Defendant David Parse appeals from a judgment entered in the United States District<br> 25 Court for the Southern District of New York following a jury trial before William H. Pauley III, Judge,<br> 26 convicting him on one count of mail fraud, in violation of 18 U.S.C. §§ 1341 and 2, and on one count<br> 27 of corruptly endeavoring to obstruct and impede the administration of the internal r... More...

Sheldon G. Adelson v. David A. Harris, Marc R. Stanley and National Jewish Democratic Council

This case raises two significant and unresolved questions of Nevada statutory and<br> common law. First, does a hyperlink to source material about judicial proceedings in an<br> online petition suffice for purposes of applying the common law fair report privilege?<br> Second, did Nevada's anti-strategic litigation against public participation ("anti-SLAPP”)<br> statute, Nev. Rev. Stat. §�... More...

Wing F. Chau v. Michael Lewis

Plaintiffs‐Appellants Wing F. Chau and Harding Advisory LLC appeal<br> from a March 29, 2013 judgment of the United States District Court for the<br> Southern District of New York (Daniels, J) dismissing their claims of libel against<br> Defendants‐Appellees author Michael Lewis, his source, Steven Eisman, and<br> Lewis's publisher, W.W. Norton, for twenty‐six allegedly defamator... More...

Rosalyn Newdow v. Richard Peterson

Plaintiff-appellants appeal from an order of the United States District Court for the Southern District of New York (Harold Baer, District Judge), which granted dismissal of their claims under the Establishment Clause and the Free Exercise Clause of the United States Constitution, as well as the Religious Freedom Restoration Act of 1993 ("RFRA”). Appellants are eleven individuals who self-id... More...

Rosalyn Newdow v. Richard A. Peterson

Plaintiff-appellants appeal from an order of the United States District Court for the Southern District of New York (Harold Baer, District Judge), which granted dismissal of their claims under the Establishment Clause and the Free Exercise Clause of the United States Constitution, as well as the Religious Freedom Restoration Act of 1993 ("RFRA”). Appellants are eleven individuals who self-id... More...

United States of America v. Ross H. Mandell and Adam Harrington

Defendant-Appellants Ross Mandell and Adam Harrington appeal from judgments of conviction entered on May 7, 2012, in the United States District Court for the Southern District of New York (Paul A. Crotty, Judge), following a five-week jury trial. The jury found both Mandell and Harrington guilty of all four of the counts charged against them: (1) conspiracy to commit securities fraud, wire fraud, ... More...

Marcia L. Caronia v. Philip Morris USA, Inc.

9 Plaintiffs Marcia L. Caronia, Linda McAuley, and Arlene Feldman appeal from a<br> 10 judgment of the United States District Court for the Eastern District of New York, Carol Bagley<br> 11 Amon, Judge, dismissing their tort claims alleging negligence, strict products liability, and breach of<br> 12 the Uniform Commercial Code ("UCC") implied warranty of merchantability in connection with the<br> ... More...

Charles Bryant v. New York State Education Department

20 Plaintiffs--the parents and/or legal guardians of seven<br> 21 children with disabilities, who bring this suit on behalf of<br> 22 themselves and the children--appeal a judgment of the United<br> 23 States District Court for the Northern District of New York<br> 24 (Sharpe, J.), dismissing their suit for failure to state a<br> 25 claim upon which relief can be granted, and denying their<br> 26 ... More...

Nike, Inc. v. Already LLC d/b/a Yums

17 This appeal requires us to decide whether a trademark registrant's delivery of a covenant<br> 18 not to sue, and voluntary dismissal of its trademark claims, divests a federal court of subject<br> 19 matter jurisdiction over a defendant's counterclaims for a declaratory judgment and cancellation<br> 20 of the trademark's registration. After considering the breadth of the plaintiff's covenant no... More...

Jason M. Jackler v. Police Chief Matthew T. Byrne

Plaintiff Jason M. Jackler, a former probationary police officer in Middletown, New<br> 19 York ("Middletown" or the "City"), appeals from a judgment of the United States District Court for<br> 20 the Southern District of New York, Cathy Seibel, Judge, dismissing his complaint, brought under 42<br> 21 U.S.C. § 1983, alleging principally that defendant Matthew T. Byrne, Chief of the Middletown P... More...

Brandy B., & c. v. Eden Central School District, et al.

In this action against defendants Eden Central School District and Child and Family Services of Erie County (CFS) for damages resulting from an alleged sexual assault committed by an 11-year-old student upon a five-year-old student, the issues are whether (1) the school district had sufficiently specific knowledge or notice of the dangerous conduct which caused the injury so that the third-party a... More...

Elmer Robert Keach, III v. County of Schenectady

Elmer Robert Keach, III, Interevenor-Appellant, appeals from a decision of the<br> 20 United States District Court for the Northern District of New York (Gary L. Sharpe,<br> 21 Judge) denying a motion for recusal and declining to impose sanctions on Keach.<br> 22 Keach argues that Judge Sharpe should have recused himself from further proceedings on<br> 23 his sua sponte order to show cause as to w... More...

Catskill Development, LLC, et al. v. Park Place Entertainment Company and Harrah's Operating Company, Inc.

These consolidated cases involve a dispute between a group of entities vying for the right to develop a casino in the Catskills with the non-party Mohawk Indian Tribe ("the Tribe”). As explained further below, plaintiffs-appellants Catskill Development, L.L.C. ("Catskill”), Mohawk Management, L.L.C. ("Mohawk”), and Monticello Raceway Development Company, L.L.C. ("Monticello�... More...